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Home > Weekly Newspaper Notices > April 1, 2009

April 1, 2009

As posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.



PROPOSALS


AGENCY: 10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  Ch. 101, MaineCare Benefits Manual, Chapter X, Section 2, Non-Categorical Adults
PROPOSED RULE NUMBER: 2009-P34 (2nd notice)
CONCISE SUMMARY:  The Department proposes to repeal MaineCare Benefits Manual, Chapter X, Section 2, Benefits for Childless Adults, because most of the sub-sections duplicate rules in the MaineCare Eligibility Manual, Section 11000, and promulgate a new Chapter X, Section 2, now called Non-Categorical Adults, listing the covered services for this coverage group.  In July 2008, the Department repealed sections 58, 100, and 111, and incorporated those services into Section 65 services.  The covered services have not changed but the list of covered services has been revised to reflect the changes made in the consolidated MaineCare Benefits Manual, Chapter II, Section 65, Behavioral Health Services rules, adopted as final rules on October 29, 2008.
SEE http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS NOTICE IS NECESSARY BECAUSE THE DEPARTMENT HAS EXTENDED THE COMMENT DEADLINE TO MAY 1, 2009.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §3, §42, §3173; Centers for Medicare and Medicaid Services, Section 1115 Waiver #11-W-00158/1
PUBLIC HEARING:  Public Hearing was held March 17, 2009 10:00 am
DEADLINE FOR COMMENTS:  COMMENT DEADLINE IS BEING EXTENDED TO MAY 1, 2009
AGENCY CONTACT PERSON:  Melanie Miller, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:  (207) 287-4459; FAX:  (207) 287-9369; TTY:  1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
EMAIL:  melanie.miller@maine.gov

E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov

AGENCY: 10-144 – Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT:  Ch. 270, Rules for Sample Collection and Drug Testing in Suspected Operating Under the Influence Cases
PROPOSED RULE NUMBER: 2009-P52
CONCISE SUMMARY:  The Department of Human Services has prescribed these rules and regulations for Law Enforcement Agencies and laboratories involved in testing of persons suspected of operating under the influence of intoxicating liquor or drugs.  The rules are intended to assure that subjects are afforded accurate and reliable testing, and that results of such testing will be in compliance with legal requirements for forensic purposes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §42(1), 22-A MRSA §205 (2), and 29-A MRSA §§ 2524 & 2527.
PUBLIC HEARING:  April 21, 2009
DEADLINE FOR COMMENTS:  May 12, 2009
AGENCY CONTACT PERSON:  Christopher P. Montagna, Health & Environmental Testing Laboratory, 221 State Street, Station #12, Augusta, Maine  04333
TELEPHONE:  (207) 287-2727
TTY:  (207) 287-4479
EMAIL:  chris.montagna@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  06-096 – Maine Department of Environmental Protection, and 94-376 Maine Municipal Bond Bank
RULE TITLE OR SUBJECT:  Ch. 595, State Revolving Fund
PROPOSED RULE NUMBER: 2009-P53
CONCISE SUMMARY:  There is a high likelihood that the federal government will provide stimulus money to the Clean Water State Revolving Fund (SRF) in order to create construction jobs to build infrastructure projects.  The legislation could allow funding incentives such as 0% interest loans or principal forgiveness in order to move projects quickly to construction.  Chapter 595 currently does not have flexibility to make loans of this nature.  This rule change will allow the SRF to make loans at or below 0% and allow principal forgiveness.  The current rules also allow the interest rate to be reduced to accommodate fees so there will be no increase in cost to the borrowers.  However, at 0% interest, there is no ability to reduce the interest rate to accommodate fees.  This rule change will allow fees to be charged even with a 0% interest rate or principal forgiveness.  Finally, references to a federal regulation that no longer apply to the SRF are deleted and other minor corrections are made.
The draft amendments are available at:  http://www.maine.gov/dep/blwq/rule.htm  
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
This will have a positive impact on municipalities and districts because it will allow the SRF to provide principal forgiveness and 0% interest loans instead of low interest loans, with the result of savings to borrowers.
STATUTORY AUTHORITY:  30-A MRSA §5959
PUBLIC HEARING:  A public hearing is not planned.  Written requests for a hearing must be received by the comment deadline below.
DEADLINE FOR COMMENTS:  May 1, 2009 at 5:00 pm.  Comments may be submitted by mail, e-mail or fax.  To ensure the comments are considered, they must include your name and the organization you represent, if any.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Steve McLaughlin, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine  04333-0017
TELEPHONE:  (207) 287-7768
FAX:  (207) 287-3435
E-MAIL:  steve.a.mclaughlin@maine.gov
CONTACT PERSON:  Karen Asselin, Maine Municipal Bond Bank, PO Box 2268, Augusta, Maine  04338-2268
TELEPHONE:  (207) 622-9386
FAX:  (207) 623-5359
E-MAIL:  kla@mainebondbank.com


AGENCY: 10-144 – Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT:  Ch. 301:166P, The American Recovery and Reinvestment Act of 2009:  Increase in Minimum/Maximum Allotments and lifting Participation Limits for Able-Bodied Adults without Dependents (ABAWD).
PROPOSED RULE NUMBER: 2009-P54
CONCISE SUMMARY:  This rule proposes the following changes to comply with Federal Law:
a. Increases the minimum Food Supplement Program benefit from $14 to $16;
b. Increase maximum benefits by 13.6%, rounded to the nearest whole dollar; and
c. Removes the program participation time limit for Able-bodied Adults without Dependents (ABAWD).
This Rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  5 MRSA §8054, 22 MRSA §§42 and 3104; Title I, American Recovery and Reinvestment Act of 2009, P.L. 111-5
PUBLIC HEARING:  None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS:  April 30, 2009
AGENCY CONTACT PERSON:  Robert L. Thibodeau, Program Manager, Food Supplement Program, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine  04333-0011
TELEPHONE:  (207) 287-5054
TTY:  (800) 606-0215 (Deaf/Hard of Hearing)
EMAIL:  bob.thibodeau@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  01-015 – Maine Milk Commission
RULE TITLE OR SUBJECT:  Ch. 3, Schedule of Minimum Prices Order #05-09
PROPOSED RULE NUMBER: 2009-P55
CONCISE SUMMARY:  The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA Section 2954.
SEE INFORMATION AT OUR WEBSITE:  http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING:  April 17, 2009, Friday, starting at 1:30 pm, Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS:  April 17, 2009
AGENCY CONTACT PERSON:  Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine  04333
TELEPHONE:  (207) 287-7521
E-MAIL:  tim.drake@maine.gov



ADOPTIONS


AGENCY:  10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 104, Maine State Services Manual, Section 4, Maine Part D Wrap Benefits
ADOPTED RULE NUMBER: 2009-128
CONCISE SUMMARY:  The Department of Health and Human Services gives notice of a final rule Maine State Services Manual, Chapter 104, Section 4, Maine Part D Wrap Benefits. In order to comply with the federal guidelines that determine the Part D Benefit parameters, the member co-payment for generic drugs has increased from $2.25 to $2.40 per prescription.   This rule is required to comply with federal guidelines. The Part D Wrap Benefit covers this co-payment for eligible beneficiaries.  The new co-pay amount is reflected in the Appendix to this rule. 
This rule change is not expected to impose administrative costs on small businesses.
EFFECTIVE DATE: March 29, 2009                   
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 90, Physician Services and Ch. II Section 55, Laboratory Services, Section 75, Vision Services, Section 95, Podiatry Services, Section 101, Medical Imaging
ADOPTED RULE NUMBER:  2009-129 through 2009-133
CONCISE SUMMARY:  This letter gives notice of a final rule: MaineCare Benefits Manual 10-144, Chapter II of Section 90-Physician Services, Section 55-Laboratory Services, Section 75-Vision Services, Section 95-Podiatry Services and Section 101-Medical Imaging and Ch III of Section 90 Physician’s Services. The Department adopts the increase to the MaineCare reimbursement rate for non-hospital based physician services from 53% to 56.94% as of July 1, 2008. Furthermore, the Department is proposing to remove some prior authorization requirements for services including but not limited to hyperbaric oxygen therapy, cochlear implants, circumcision, septoplasty, and skin tag removal. 
Finally the Department is adopting changes to Chapter II Section 55-Laboratory Services, Section 75-Vision Services, Section 95-Podiatry Services, Section 101-Medical Imaging. The Department has amended the language under the “reimbursement” sections to these areas of policy to clarify that the increase mentioned above does not apply to these services.  MaineCare will reimburse the lowest of 53% of 2005 Medicare rates, the provider’s usual and customary or the allowed amount of the Medicare Part B carrier for these services. Providers can visit the Office of MaineCare’s website for a list of MaineCare covered services and rates. This rule change clarifies what the current rate is; the rate is not being decreased.
The Department anticipates no impact to small business; however physicians may need to resubmit claims in order to get the higher reimbursement.
EFFECTIVE DATE: March 29, 2009                   
See  http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460; FAX: (207) 287-9369; TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
EMAIL:  nicole.rooney@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #04-09
ADOPTED RULE NUMBER: 2009-134
CONCISE SUMMARY: Minimum April 2009 Class I price is $13.61/cwt. plus $1.52/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $6.28/cwt. handling fee for a total of $23.14cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECTIVE DATE: March 29, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521
E-MAIL: tim.drake@maine.gov


AGENCY: 10-144 – Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual: Chapter III, Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
ADOPTED RULE NUMBER: 2009-135
CONCISE SUMMARY:  The adopted rules establish different reimbursement rates for comprehensive care management services and mileage reimbursement for health care attendants.  Specifically, comprehensive care management rates are reduced from $139.00 to $126.50 as directed by the emergency and supplemental budgets.  The comprehensive care management rate reduction produces $62,000 in savings to the General fund for SFY 09.  The mileage rates for health care attendants (specifically HHAs, CNAs, PCAs) are increased from $.32 per mile to $.44 per mile.  This mileage rate change has a minimal budgetary impact to the General fund. 
EFFECTIVE DATE:  March 30, 2009
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual: Chapter III, Section 22, Home and Community Benefits for Adults with Physical Disabilities
ADOPTED RULE NUMBER: 2009-136
CONCISE SUMMARY:  The adopted rules establish a new rate for Attendant Care Services.  Specifically, the new rate is $2.57 per fifteen minutes, and was previously $2.28 per fifteen minutes.  This change is made to comply with a cost savings initiative as stated in the supplemental budget which claims federal match on an amount that was previously paid for out of straight State dollars.  This change is also made to be consistent with the recent waiver amendment submitted to the Centers for Medicare and Medicaid Services (CMS).
EFFECTIVE DATE:  March 29, 2009
See: http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
AGENCY CONTACT PERSON:  Alyssa Morrison, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9342; FAX: (207) 287-9369; TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
EMAIL:  alyssa.morrison@maine.gov  

E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov